CEDH · PRESS;HEARINGS;ENG — 18 janvier 2000

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TURKEY and KAYA v. TURKEY   Tuesday, 18 January 2000 at 2.30 p.m.       1.   KILIÇ v. TURKEY   The applicant   The case concerns an application brought by a Turkish national, Cemil Kılıç, who was born in 1960 and is resident in Şanlıurfa.   Summary of the facts   The applicant’s brother Kemal Kılıç was a journalist who worked for the Özgür Gündem newspaper in Şanlıurfa in the south-east of Turkey. On 23 December 1992, Kemal Kılıç petitioned the Governor of Şanlıurfa for protection to be given to himself and others who worked at the newspaper due to the threats and attacks which were allegedly suffered by people associated with the newspaper. Protection was refused. On 18 February 1993, Kemal Kılıç was shot dead by four men who had waited for him on his route home from work.   Complaints   The applicant complains, inter alia , under Article 2 (right to life) of the European Convention on Human Rights that his brother was killed by or with the connivance of the security forces because he was a journalist working for Özgür Gündem . He also complains of the lack of a proper and effective investigation into the death of his brother, in breach of the procedural aspects of Article 2 and Article 3 (prohibition of torture) and also in violation of Article 13 of the Convention (right to an effective remedy). He further complains that the killing of his brother, targeted as a journalist, discloses interference with freedom of expression, guaranteed under Article 10, and discrimination, contrary to Article 14.   Procedure   The application was lodged with the European Commission of Human Rights on 13 August 1993. Having declared the application admissible, the Commission adopted a report on 23 October 1998. The Commission expressed the opinion unanimously that there had been a violation of Article 2 of the Convention, by 25 votes to 3 that no separate issue arose under Article 10, unanimously that there had been a violation of Article 13 and that no separate issue under Article 14. The Commission referred the case to the Court on 8 March 1999.           2.   KAYA v. TURKEY   The applicant   The case concerns an application brought by a Turkish national, Mahmut Kaya, who was born in 1958 and is resident in Switzerland.   Summary of the facts   The applicant’s brother Dr Hasan Kaya practised medicine in Elazığ. He was a friend of Metin Can, a lawyer who was President of the Elazığ Human Rights Association. On 21 February 1993, after being contacted by two men, Metin Can left his home with Hasan Kaya. The next day, when they had not returned home, the police were informed that they had disappeared. On 27 February   1993, the bodies of the two men were found under a bridge near Tunceli. Both had been shot through the head.   Complaints   The applicant complains, among other things, under Article 2 of the Convention that his brother was killed by or with the connivance of the security forces and that prior to his death, his brother was tortured contrary to Article 3 of the Convention. He also complains of the lack of a proper and effective investigation into the disappearance, torture and killing of his brother in breach of the procedural aspects of Articles 2 and 3 and also in violation of Article 13 of the Convention. He further complains under Article 14 that his brother, targeted due to his Kurdish origins, has been subject to discrimination.   Procedure   The application was lodged with the European Commission of Human Rights on 20 August 1993. Having declared the application admissible, the Commission adopted a report on 23 October 1998. The Commission expressed the opinion unanimously that there had been a violation of Article 2 of the Convention, by 26 votes to 2 that there had been a violation of Article 3, unanimously that there had been a violation of Article 13 and no violation of Article 14. The Commission referred the case to the Court on 8 March 1999.   3.   Composition of the Court in both cases   The cases will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Josep Casadevall (Andorran), Luigi Ferrari Bravo [1] (Italian), Bostjan Zupančič (Slovenian), Wilhelmina Thomassen (Dutch), Rait Maruste (Estonian),   judges , Feyyaz Gölcüklü (Turkish), ad hoc judge , Tudor Panţîru (Moldovan), substitute judge ,   and also Michael O’Boyle, Section Registrar .       Representatives of the parties   Government:   Sükrü Alpaslan, Co-Agent; Yaprak Kayaalp , Efkan Hoçaoğlu, Advisers   Applicants:   Françoise Hampson, Reyhan Yalcindağ, Cihan Aydın , Counsel;   Kerim Yildiz, Adviser .   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] Elected as the judge in respect of San Marino.